REMEDIAL

LAW 1 MIDTERMS REVIEWER

JURISDICTION
Jurisdiction is the power and authority of a court to hear, try and decide a case (Sps. Genato
v. Viola). Jurisdiction over the subject matter of a case is conferred by law (Padlan v.
Dinglasan).

KINDS OF JURISDICTION
• Original Jurisdiction – where a case if heard, tried and decided for the first time
• Exclusive Jurisdiction – where one court excludes other courts to hear, try and
decide a case
• Concurrent Jurisdiction – power of different courts to take cognizance over the
same subject matter
• General Jurisdiction – power to hear, try and decide cases, which do not fall within
the jurisdiction of any court. In the Philippines, the RTC has general jurisdiction by
virtue of BP 129
• Appellate Jurisdiction – power of review over the decisions or orders of a lower
court
• Special/ Limited Jurisdiction – power to hear, try and decide only for a particular
purpose or are clothed with special powers for the performance of specified duties
beyond which they have no authority of any kind

NOTE: Under BP129, MTC has exclusive original jurisdiction over FORCIBLE ENTRY and
UNLAWFUL DETAINER cases.

KINDS OF ACTIONS (Sec. 3, Rule 1, ROC)
1. Civil Action – one by which a party sues another for the enforcement or protection
of a right, or the prevention or redress of a wrong; May either be ordinary or special.
2. Criminal Action – one by which the State prosecutes a person for an act or
omission punishable by law.
3. Special Proceedings – a remedy by which a party seeks to establish a status, a
right, or a particular fact.

CASES WHERE ROC IS NOT APPLICABLE (Sec. 4, Rule 1, ROC)
1. Election cases
2. Land registration
3. Cadastral
4. Naturalization
5. Insolvency Proceedings
6. Other cases not herein provided for

NOTE: General Rule – Rules are to be followed strictly. EXP: These rules shall be liberally
construed in order to promote their objective of securing a just, speedy and inexpensive
disposition of every action and proceeding. (Sec. 6, Rule 1, ROC)

CAUSE OF ACTION
A cause of action is the act or omission by which a party violates a right of another. (Sec. 2,
Rule 2, ROC)

RULES ON SPLITTING AND JOINDER OF CAUSES OF ACTION
1. If two or more suits are instituted on the bases on the same cause of action, the filing
of one or a judgment upon the merits in any one is available as a ground for the
dismissal of the others. (Sec. 4, Rule 2, ROC) [Litis Pendencia]
2. A party may in one pleading assert, in the alternative or otherwise, as many causes
of action as he may have against an opposing party, subject to the following
conditions:
a. The party joining the causes of action shall comply with the rules on joinder
of parties;
b. The joinder shall not include special civil actions or actions governed by
special rules;
c. Where the causes of action are between the same parties but pertain to
different venues or jurisdictions, the joinder may be allowed in the Regional
Trial Court provided one of the causes of action falls within the jurisdiction
of said court and the venue lies therein; and
d. Where the claims in all the causes of action are principally for recovery of
money, the aggregate amount claimed shall be the test of jurisdiction. (Sec. 5,
Rule 2, ROC) [TOTALITY RULE]

NOTE:
MTC = 200K Sum of Money – Summary Procedure for Small Claims (MM)
RTC = More than 400K Sum of Money (MM); 300K [Outside MM]
If main action is for recovery of sum of money, for the purposes of determining
jurisdiction, damages and attorneys fees are not included.
If main action is for damages, all monetary claims are included to determine
jurisdictional amount.

3. Misjoinder of causes of action is not a ground for dismissal of an action. A misjoined
cause of action may, on motion of a party or on the initiative of the court, be severed
and proceeded with separately. (Sec. 6, Rule 2, ROC)

PARTIES
1. Plaintiff
2. Defendant
3. Real Party In Interest – the party who stands to be benefited or injured by the
judgment in the suit, or the party entitled to the avails of the suit (Sec. 2, Rule 3, ROC)
4. Indispensible Party – parties in interest without whom no final determination can
be had of an action (Sec. 7, Rule 3, ROC)
5. Necessary Party – one who is not indispensible but who ought to be joined as a
party if complete relief is to be accorded as to those already parties, or for complete
determination or settlement of the claim subject of the action (Sec. 8, Rule 3, ROC)

CLASS SUIT
When the subject matter of the controversy is one of common or general interest to many
persons so numerous that it is impracticable to join all as parties, a number of them which
the court finds to be sufficiently numerous and representative as to fully protect the
interests of all concerned may sue or defend for the benefit of all. (Sec. 12, Rule 3, ROC)

NOTE: The claim of the families of a plane crash cannot be joined as a class action suit
because their interest are specific to the decedent they are claiming for. (From class
discussion)

HOW JURISDICTION OVER THE PERSON IS ACQUIRED
1. Voluntary Appearance – One who seeks affirmative relief is deemed to have
submitted to the jurisdiction of the court (PCIB v. Sps. Dy). The defendant’s voluntary
appearance in the action shall be equivalent to service of summons (Sec. 20, Rule 14,
ROC).

EXCEPTION: Inclusion in a motion to dismiss any other grounds aside from lack of
jurisdiction over the person of the defendant shall not be deemed a voluntary
appearance (Sec. 20, Rule 14, ROC). Conditional appearance is such that the party
makes a special appearance to challenge the court’s jurisdiction over his person, and
is not considered as voluntary appearance (PCIB v. Sps. Dy).

2. Service of Summons – In actions In Personam, the court acquires jurisdiction over
the person of the defendant through personal or substituted service of summons.
(Prudential Bank v. Magdamit)

3. Publication – In any action where the defendant is designated as an unknown
owner, or the like, or whenever his whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may, by leave of court, be effected upon him
by publication in a newspaper of general circulation and in such places and for such
time as the court may order. (Sec. 14, Rule 14, ROC)

SERVICE OF SUMMONS
1. Personal Service – Whenever practicable, the summons shall be served by handling
a copy thereof to the defendant in person, or, if he refuses to receive or sign for it, by
tendering it to him (Sec. 6, Rule 14, ROC)

2. Substituted Service – If, for justifiable causes, the defendant cannot be served
within a reasonable time [through personal service], service may be effected:
a. By leaving copies of the summons at the defendant’s residence with some
person of suitable age and discretion then residing therein; or
b. By leaving the copies at defendant’s office or regular place of business with
some competent person in charge thereof. (Sec. 7, Rule 14, ROC)

3. Service Upon Entity Without Juridical Personality – When persons associated in
an entity without juridical personality are sued under the name by which they are
generally or commonly known, service may be effected upon all the defendants by
serving upon any one of them, or upon the person in charge of the office or place of
business maintained in such name. (Sec. 8, Rule 14, ROC)

4. Service Upon Prisoners – When the defendant is a prisoner confined in a jail or
institution, service shall be effected upon him by the officer having the management
of such jail or institution who is deemed deputized as a special sheriff for said
purpose (Sec. 9, Rule 14, ROC)

 5. Service Upon Minors and Incompetents – When the defendant is a minor, insane
or otherwise an incompetent, service shall be made upon him personally AND on his
legal guardian if he has one, or if none, upon his guardian ad litem whose
appointment shall be applied for by the plaintiff. In the case of a minor, service may
also be made on his father or mother. (Sec. 10, Rule 14, ROC)

6. Service Upon Domestic Private Juridical Entity – When the defendant is a
corporation, partnership or association organized under the laws of the Philippines
with a juridical personality, service may be made on the:
a. President
b. Managing Partner
c. General Manager
d. Corporate Secretary
e. Treasurer
f. In-House Counsel (Sec. 11, Rule 14, ROC)

7. Service Upon Foreign Private Juridical Entity – When the defendant is a foreign
private juridical entity which has transacted business in the Philippines, service may
be made on its resident agent designated in accordance with law for that purpose,
or, if there be no such agent, on the government official designated by law to that
effect, or on any of its officers or agents within the Philippines. (Sec. 12, Rule 14,
ROC)

8. Service Upon Public Corporations – When the defendant is the Republic of the
Philippines, service may be effected on the Solicitor General; in case of a province,
city or municipality, or like public corporations, service may be effected on its
executive head or on such other officer or officers as the law or the court may direct.
(Sec. 13, Rule 14, ROC)

9. Service Upon Defendants Whose Identity or Whereabouts are Unknown – In
any action where the defendant is designated as an unknown owner, or the like, or
whenever his whereabouts are unknown and cannot be ascertained by diligent
inquiry, service may, by leave of court, be effected upon him by publication in a
newspaper of general circulation and in such places and for such time as the court
may order. (Sec. 14, Rule 14, ROC)

10. Extraterritorial Service – When the defendant does not reside and is not found in
the Philippines, and the action affects the personal status of the plaintiff or relates
to, or the subject of which is, property within the Philippines, in which the defendant
has or claims a lien or interest, actual or contingent, or in which the relief demanded
consists, wholly or in part, in excluding the defendant from any interest therein, or
the property of the defendant has been attached within the Philippines, service may,
by leave of court, be effected out of the Philippines by personal service as under
Section 6, or by publication in a newspaper of general circulation in such places and
for such time as the court may order of the court shall be sent by registered mail to
the last known address of the defendant, or in any other manner the court may
deem sufficient. (Sec. 15, Rule 14, ROC)

11. Residents Temporarily Out of the Philippines – When any action is commenced
against a defendant who ordinarily resides within the Philippines, but who is
 temporarily out of it, service may, by leave of court, be also effected out of the
Philippines, as under [Sec. 15]. (Sec. 16, Rule 14, ROC)


ACTION IN REM V. ACTION IN PERSONAM
An action IN PERSONAM is a proceeding to enforce personal rights and obligations brought
against the person; the purpose is to impose through the judgment of a court, some
responsibility or liability directly upon the person of the defendant (Domagas v. Jensen).
Venue of actions in personam shall be at the residence of the plaintiff or residence of the
defendant or in the case of a non-resident defendant, where he may be found, at the election
of the plaintiff (Sec. 2, Rule 4, ROC).

An action IN REM is an action against the thing itself (Gomez v. CA) and is one that is brought
against the whole world (Licaros v. Licaros). Venue of actions affecting title to, or possession
of real property, or interest therein, shall be commenced and tried in the proper court
which has jurisdiction over the area where in the real property involved or a portion
thereof is situated (Sec. 1, Rules 4, ROC).

PLEADINGS
Pleadings are the written statements of the respective claims and defences of the parties
submitted to the court for appropriate judgment. (Sec. 1, Rule 6, ROC)

KINDS OF PLEADINGS
1. Complaint – the pleading alleging the plaintiffs cause/s of action (Sec. 3, Rule 6,
ROC)
2. Answer – a pleading in which the defending party sets forth his defences (Sec. 4,
Rule 6, ROC).
3. Counterclaim – any claim which a defending party may have against an opposing
party (Sec. 6, Rule 6, ROC)
4. Compulsory Counterclaim – arises out of or is connected with the transaction or
occurrence constituting the subject matter of the opposing party’s claim and does
not require for its adjudication the presence of third parties of whom the court
cannot acquire jurisdiction (Sec. 7, Rule 6, ROC)
5. Cross-claim – any claim by one party against a co-party arising out of the
transaction or occurrence that is the subject matter either of the original action or of
a counterclaim thereof. (Sec. 8, Rule 6, ROC)
6. Reply – a pleading to deny or allege facts in denial or avoidance of new matters
alleged by way of defense in the answer (Sec. 10, Rule 6, ROC)

BILL OF PARTICULARS (Sec. 1, Rule 12, ROC)
Before responding to a pleading, a party may move for a definite statement or for a bill of
particulars of any matter which is not averred with sufficient definiteness or particularity to
enable him properly to prepare his responsive pleading. If the pleading is a reply, the
motion must be filed within 10 days from service thereof. Such motion shall point out:
1. The defects complained of
2. The paragraphs where they are contained
3. The details desired



WHEN TO FILE RESPONSIVE PLEADINGS

Pleading Period
Answer to COMPLAINT 15 days from service of summons unless a
different period is fixed by the court (Sec. 1, Rule
11, ROC)
Answer of a DEFENDANT FOREIGN 30 days from receipt of summons (Sec. 2, Rule
JURIDICAL ENTITY 11, ROC)
Answer to AMENDED COMPLAINT 15 days from service of copy of amended
complaint (Sec. 3, Rule 11, ROC)
Answer to COUNTER CLAIM or CROSS 10 days from service (Sec. 4, Rule 11, ROC)
CLAIM
Answer to THIRD PARTY COMPLAINT 15 days from service of summons unless a
different period is fixed by the court (Sec. 5, Rule
11, ROC)
REPLY 10 days from service of the pleading responded
to (Sec. 6, Rule 11, ROC)
Answer to SUPPLEMENTAL COMPLAINT 10 days from notice of the order admitting
supplemental complaint (Sec. 7, Rule 11, ROC)
Answer to COMPLAINT IN 15 days from notice of the order admitting
INTERVENTION complaint in intervention (Sec. 4, Rule 19, ROC)

NOTE: In computing the period, the day of notice is excluded and the date of
performance is included. If the last day of the period falls on a Saturday, Sunday or
Legal Holiday in the place where the court sits, the time shall not run until the next
working day.

EFFECT OF FAILURE TO PLEAD
1. Defenses and objections not pleaded are deemed waived. However, the court may
dismiss the claim if the pleadings or evidence show:
a. Court has no jurisdiction over the subject matter
b. There is another action pending between the same parties for the same
cause of action
c. The action is barred by a prior judgment
d. Statute of Limitations (Sec. 1, Rule 9, ROC)
2. A compulsory counterclaim, or a cross-claim not set up shall be barred. (Sec. 2, Rule
9, ROC)
3. If the defending party fails to answer within the time allowed therefor, the court
shall, upon motion of the claiming party with notice to the defending party and
proof of such failure, declare the defending party in default. Thereupon, the court
shall proceed to render judgment granting claimant such relief as his pleading may
warrant, unless the court in its discretion requires the claimant to submit evidence.
Such reception of evidence may be delegated to the clerk of court. (Sec. 3, Rule 9,
ROC)
a. A party in default shall be entitled to notice of subsequent proceedings but
not take part in the trial.
b. A party declared in default may at any time after notice thereof and before
judgment file a motion under oath to set aside the order of default upon
proper showing that his failure to answer was due to FRAUD, ACCIDENT,
 MISTAKE, or EXCUSABLE NEGLIGENCE and that he has a meritorious
defense.

NOTE: In actions for annulment or declaration of nullity of marriage or legal
separation, no defaults are allowed. The court shall order the prosecuting attorney to
investigate if there is collusion or fabrication of evidence. (Sec. 3, Rule 9, ROC)

MOTIONS
A motion is any application for relief other than a pleading. (Sec. 1, Rule 15, ROC)

GROUNDS FOR MOTION TO DISMISS (Sec. 1, Rule 16, ROC)
1. That the court has no jurisdiction over the person of the defending party
2. That the court has no jurisdiction over the subject matter of the claim
3. The venue is improperly laid
4. That the plaintiff has no legal capacity to sue
5. That there is another action pending between the same parties for the same cause
6. That the cause of action is barred by a prior judgment or by the statute of limitations
7. That the pleading asserting the claim states no cause of action
8. That the claim or demand set forth in the plaintiff’s pleading has been paid, waived,
abandoned, or otherwise extinguished
9. That the claim on which the action is founded is unenforceable under the provisions
of the statute of frauds
10. That a condition precedent for filing the claim has not been complied with

RESOLUTION OF MOTION TO DISMISS (Sec. 3, Rule 16, ROC)
1. Dismiss the action or claim
2. Deny the motion
3. Order the amendment of the pleading

OMNIBUS MOTION RULE
A motion attacking a pleading, order, judgment, or proceeding shall include all objections
then available, and all objections not so included shall be deemed waived. (Sec. 8, Rule 15,
ROC)

NOTE: Motion for Reconsideration and Motion for New Trial are omnibus motions as
they are motions attacking a judgment.

MOTION TO INTERVENE (Sec. 1 and 2, Rule 19, ROC)
1. A person who has a legal interest in the matter in litigation, or in the success of
either of the parties or an interest against both, if so situated as to be adversely
affected by a distribution or other disposition of property in the custody of the court
or of an officer thereof may, WITH LEAVE OF COURT, be allowed to intervene in the
action.
2. The court shall consider whether or not the intervention will unduly delay or
prejudice the adjudication of the rights of the original parties, and whether or not
the intervenor’s rights may be fully protected in a separate proceeding.
3. The motion to intervene may be filed at any time before rendition of judgment by
the trial court.


HOW IS JUDGMENT RENDERED
A judgment or final order determining the merits of the case shall be in writing personally
and directly prepared by the judge, stating clearly and distinctly the facts and the law on
which it is based, signed by him, and filed with the clerk of court. (Sec. 1, Rule 36, ROC)

WHEN IS JUDGMENT ENTERED
When it has become final and executory. (Sec. 2, Rule 36, ROC)

HOW IS JUDGMENT ENTERED
When the clerk of court enters the final order or judgment in the book of entries of
judgment. Record shall contain the dispositive portion including the certificate that
judgment has become final and executor and shall be signed by the clerk. (Sec. 2, Rule 36,
ROC)

WHEN DOES A DECISION BECOME FINAL AND EXECUTORY
For a court to lose jurisdiction on appeal, two things must concur:
1. An appeal has been perfected
2. Period to appeal for the other party has expired

DEMURRER V. JUDGMENT ON THE PLEADINGS V. SUMMARY JUDGMENT

MOTION GROUND/S WHEN TO EFFECTS
MOVE
Demurrer to The facts and After the If motion is granted, action is
Evidence (Rule the law plaintiff has dismissed. Dismissal is appealable.
33) presented by completed the
plaintiff has presentation of If motion is overturned on appeal,
not shown his evidence defendant loses right to present
right to relief evidence.

If denied, the defendant may proceed
to present his evidence.
Judgment on The answer After receipt of If motion is granted, action is
the Pleadings fails to tender the answer dismissed. Dismissal is appealable.
(Rule 34) an issue or
otherwise If motion is denied, court shall order
admits the the presentation of evidence.
material
allegations
Summary Absence of After issues If motion is granted, action is
Judgment any genuine have been dismissed. Dismissal is appealable.
(Rule 35) issue or fact joined
If motion is denied, court shall
proceed with trial.






DEMURRER IN CIVIL (RULE 33) V. CRIMINAL (RULE 119) CASES

IN CIVIL ACTIONS (RULE 33) IN CRIMINAL ACTIONS (RULE 119)
As to Leave of Not required before filing Demurrer may be filed with or
Court demurrer without leave of court
As to Appeal if Dismissal is appealable by Dismissal is not appealable, because
Case Is Dismissed Plaintiff of bar against double jeopardy
Effect of Denial Defense may present evidence Accused may only adduce evidence
only if demurrer is done with leave
of court. He cannot present if done
without leave of court.
Effect of Reversal Defense waives right to N/A because dismissal in favor of
on Appeal present evidence accused via demurrer is not
appealable

WHEN IS THERE NO GENUINE ISSUE?
A genuine issue is an issue, which requires the presentation of evidence, as distinguished
from a sham, fictitious, contrived or false claim. (Riano)

KINDS OF POST-JUDGMENT REMEDIES
1. Before Judgment Becomes Final and Executory
a. Motion for Reconsideration
b. Motion for New Trial
c. Appeals
2. After Judgment Becomes Final and Executory
a. Petition for Relief of Judgment
b. Action to Annul Judgment
c. Petition for Certiorari Under Rule 65
d. Collateral Attack of a Judgment that is void on its face

MOTION FOR RECONSIDERATION (Rule 37)
1. Filed with the court rendering the decision
2. Prohibited with summary procedure and small claims cases
3. Must be filed within period of appeal
4. Grounds for motion are:
a. The damages awarded are excessive
b. The evidence is insufficient to justify the decision or final order
c. The decision or final order is contrary to law
5. Denial of motion is not appealable

NEYPES RULE
If the motion is denied, the movant has a “fresh period” of 15 days from notice of denial to
file notice of appeal.







MOTION FOR NEW TRIAL (Rule 37)
1. Filed with the court rendering the decision
2. Must be filed within period of appeal
3. Grounds for motion are:
a. Fraud, accident, mistake or excusable negligence which ordinary prudence
could not have guarded against and by reason of which such aggrieved party
has probably been impaired in his rights; or
b. Newly discovered evidence, which he could not, with reasonable diligence,
have discovered and produced at trial and which if presented would
probably alter the result.
4. Once granted, the original judgment is vacated, the action shall stand for trial de
novo, and recorded evidence, in so far as the same is material and competent to
establish the issues, shall be used without need to retake.

APPEALS
The remedy to obtain reversal or modification of judgment on the merits. (Association of
Integrated Security Force of Bislig-ALU v. CA)

APPEAL IS NOT A RIGHT
Appeal is not part of due process but a mere statutory privilege that has to be exercised only
in the manner and in accordance with the provisions of law. (Stolt-Nielsen v. NLRC; Cu-
Unjieng v. CA)

CASES THAT MAY BE APPEALED
Appeal may be taken from judgments or final orders that completely dispose of a case. (Sec.
1, Rule 41, ROC)

CASES THAT CANNOT BE APPEALED
1. An order denying a petition for relief or any similar motion seeking relief from
judgment;
2. An interlocutory order;
3. An order disallowing or dismissing an appeal;
4. An order denying a motion to set aside a judgment by consent, confession or
compromise on the ground of fraud, mistake or duress, or any other ground vitiating
consent;
5. An order of execution;
6. A judgment or final order for or against one or more of several parties or in separate
claims, counterclaims, cross-claims, and third-party complaints, while the main case
is pending, unless the court allows an appeal therefrom;
7. An order dismissing an action without prejudice

NOTE: The proper remedy for cases which cannot be appealed is to file a special civil
action of Certiorari under Rule 65.

NOTICE OF APPEAL V. RECORD ON APPEAL
An appeal by notice of appeal is a mode that envisions the elevation of the original records
to the appellate court as to thereby obstruct the trial court in its further proceedings
regarding the other parts of the case. In contrast, the record on appeal enables the trial
court to continue with the rest of the case because the original records remain with the trial
 court even as it affords to the appellate court the full opportunity to review and decide the
appealed matter. (Lebin v. Mirasol)

RESIDUAL JURISDICTION
Authority of a trial court to issue orders for the protection and preservation of the rights of
the parties which do not involve any matter litigated by the appeal, approve compromises,
permit appeals of indigent litigants, order execution pending appeal in accordance with Sec.
2, Rule 39, ROC, and allow withdrawal of the appeal provided these are done prior to the
transmittal of the original record or the record on appeal even if the appeals have already
been perfected or despite the approval of the record on appeal (Sec. 9, Rule 41, ROC), or in
case of a petition for review under Rule 42 before the court of Appeals gives due course to
the petition (Sec. 8, Rule 42, ROC).

MODES OF APPEAL

Court of
Rule Mode Path When To Appeal Extension
Origin
Rule 40 Ordinary MTC to RTC MTC exercising 15 days after notice of None
Appeal to its original judgment
RTC jurisdiction
Except:
Record on Appeal within 30
days
Rule 41 Ordinary RTC to CA RTC exercising 15 days after notice of None
Appeal to its original judgment
CA jurisdiction
Except: (a)HABEAS
CORPUS, within 48 hours
(b)Record on Appeal within
30 days
Rule 42 Petition for RTC to CA RTC exercising 15 days after notice of May be extended up to
Review to its appellate judgment 15 days. After first
CA jurisdiction extension no more
extension unless for
compelling reason
which shall not be
more than 15 days
Rule 43 Appeal from Quasi Judicial Quasi Judicial 15 days from notice of May be extended up to
Quasi Agencies to CA Agencies in the judgment 15 days. After first
Judicial exercise of extension no more
Agencies their quasi extension unless for
judicial compelling reason
functions which shall not be
more than 15 days
Rule 45 Appeal by CA or CA exercising 15 days from notice of May be extended up to
Certiorari Sandiganbayan its appellate judgment 30 days
to SC jurisdiction


 APPEAL OF SPECIAL WRITS

Appellate Mode of
Writ Original Jurisdiction When to Appeal
Jurisdiction Appeal
Writ of Amparo RTC, Sandiganbayan, 5 days from notice
(AM 07-9-12-SC) CA, or SC of judgment
Appeal by
Writ of Habeas Data RTC SC via Rule 45 5 days from notice
Certiorari
(AM 08-1-16-SC) of judgment

Writ of Kalikasan CA or SC 15 days from notice
(AM 09-6-8-SC) of judgment

CERTIORARI IN RULE 45 V. 65
• Certiorari in Rule 45 is a mode of appeal, while in Rule 65, it is a special civil action.
• Rule 45 is filed not later than 30 days from judgment; Rule 65 not later than 60 days.

WHEN IS APPEAL DEEMED PERFECTED
1. Notice of Appeal – upon filing of the notice of appeal with the court which rendered
judgment and payment of required docket fees
2. Record on Appeal – upon approval by the court of the record on appeal

HOW TO APPEAL
1. Filing of Notice of Appeal or Record on Appeal
2. Payment of Docket Fees to the court which rendered the judgment

PETITION FOR RELIEF OF JUDGMENT (Rule 38)
1. A petition for relief of judgment is an equitable remedy that is allowed only in
exceptional cases when there is no other available or adequate remedy.
2. Filed with the court who has rendered judgment within 60 days from learning of the
judgment or final order, and not more than 6 months after such judgment or final
order was entered
3. Grounds for petition are:
a. Fraud, accident, mistake or excusable negligence was present which unjustly
deprived him of a hearing
b. Fraud, accident, mistake or excusable negligence prevented him to appeal on
time
4. Prohibited in summary procedure and small claims cases
5. Not available for decisions of the Supreme Court

PETITION FOR ANNULMENT OF JUDGMENT (Rule 47)
1. An independent action from the case sought to be annulled
2. Remedy may not be invoked if party has availed of new trial, appeal, petition for
relief or other remedy, and lost , or where he has failed to avail himself of those
remedies through his own fault or negligence
3. Grounds for petition are:
a. Extrinsic fraud (NOTE: Forgery and perjury are not extrinsic frauds)
b. Lack of jurisdiction
4. Must be filed with the Court of Appeals (if decision from RTC and Quasi Judicial
Bodies) or with the RTC (if decision from MTC) within 4 years from discovery of
extrinsic fraud or before the action is bared by laches and estoppel;

PETITION FOR CERTIORARI (Rule 65)
1. Special Civil Action
2. Grounds for petition are:
a. Lack or excess of jurisdiction
b. Grave abuse of discretion amounting to lack or excess of jurisdiction
3. Must be filed within 60 days from notice of judgment, or denial of motion for
reconsideration

COLLATERAL ATTACK OF A JUDGMENT (Co v. CA)
1. Made in another action to obtain a different relief
2. The attack on judgment is incidental in the separate action
3. Only proper when the judgment is null and void on its face